Availability of Restrooms in the United States and Federal Public Health Mandates: A Call to Action Robert Brubaker and Carol McCreary American Restroom Association

America’s advocate for the availability of clean, safe, well-designed public restrooms.

Non-profit, tax-exempt, all-volunteer organization  Restroom availability and accessibility  Restroom design and technology  Pertinent legislation, regulations and codes  Documenting problems faced when people cannot find toilet facilities away from home

US Public Health Mandates and the Restroom Problem in America A Call To Action

Not enough toilets are available to the public. Policy gaps at the national level. The American Restroom Association is working to fix this problem.

America’s Restroom Problem

Local governments are closing restrooms or limiting hours they are open. Government-supported schools are preventing students from using toilets. Transit systems put their amenities off limits to passengers. Airlines can deny passengers use of toilets during flights.

Local governments are closing restrooms.

Closings continue despite changing demographics and growing demand. Limited hours Winter closings

Why? Maintenance costs. Crime: vandalism, drug sales & use, commercial sex. Behavior inappropriate for restrooms.

Government-supported schools are preventing students from using restrooms.

Graffiti and vandalism School violence elsewhere Threats Emergency lock down drills Why?

Students require escorts, passes, or logs. Academic credit sometimes given for not using the restroom. Denial of restroom use is punishment.

Toilet use and hand washing depend on good behavior, not health policy.

Transit systems put restrooms off limits.

In 1940 New York subway had 1,676 toilets. Today: less than 100 for 4 million riders.

Rising costs Budget shortfalls Construction blocks access Post-Sept 11 fears Why?

Transit employees have restrooms; transit customers do not. Impractical to open at passenger request

Airlines can deny passengers use of toilets throughout flights.

No federal regulation on passenger-to-toilet ratio. Legal for most commercial planes to fly without a working restroom.

Some regularly scheduled flights have a single toilet. It can be closed if non-functional, soiled, or the light is out. Pilots decide whether to divert plane or continue flight.

When restrooms are not available, it hurts society.

People “go” in the wrong places. Doorways and alleys are dirty and smelly. Livability is compromised. Maintenance costs rise.

Denial of toilet use is denial of a basic human right. Society criminalizes urination and defecation in the wrong place.

When restrooms are not available, it hurts individuals.

Stress and humiliation Involuntary retention  physical and mental problems No hand washing  risk of illness

Individuals can’t exercise out of doors  physical fitness suffers Individuals can’t join their families for activities in public places.

What can we do?  Recognize toilet use and hand washing as public health issues.  Work at the federal policy level.

Branches of the U.S. Federal Government Legislative: U.S. Congress makes laws and funds federal departments. Executive: Departments - under the President - have mandates to establish practical regulations that make laws work. Judicial: Courts enforce laws and regulations.

U.S. Department of Labor Regulates workplace restrooms through the U.S. Occupational Safety and Health Administration, or OSHA. OSHA regulations ensure that employees “will not suffer the adverse health effects that can result if toilets are not available.”

Excellent set of regulations based on health research. "... requires employers to provide their employees with toilet facilities so that they will not suffer the adverse health effects that can result if toilets are not available...” 29 CFR (c)(1)(i): Toilet Facilities

But authority is limited to the workplace. Employees have protection; ordinary citizens do not.

U.S. Department of Health and Human Services Mandate is “protecting the health of all Americans.” Has authority to address the adverse health effects that can result if toilets are not available.

U.S. Department of Labor has acted. U.S. Department of Health and Human Services has NOT acted.

We want ACTION!

No new Congressional legislation is needed, only regulatory compliance with existing mandates.

We call on the government to guarantee to all Americans -and to our visitors from other countries - the restroom rights that employees enjoy under OSHA. We welcome your input on making our Call to Action a success. Please contact us.